State’s attorney opposes special prosecutor in Smollett case

By The Associated Press04/30/19, 16:50

FILE - In this Feb. 22, 2019 file photo, Cook County State's Attorney Kim Foxx speaks at a news conference, in Chicago. Text messages show Fox, the Chicago prosecutor whose office handled the case of "Empire" actor Jussie Smollett told her top deputy that Smollett was a "washed up celeb" who was overcharged. The office of Cook County State's Attorney released thousands of documents from the investigation late Tuesday, April 16, 2019, in response to media requests. (AP Photo/Kiichiro Sato, File)

Chicago’s top prosecutor is fighting a push to appoint a special prosecutor to investigate her office’s handling of the case against actor Jussie Smollett.

Cook County State’s Attorney Kim Foxx says she’d welcome an independent probe into her office’s dismissal of felony disorderly conduct charges that accused Smollett of staging a racist and anti-gay attack on himself. But the Chicago Sun- Times reports she filed a motion Tuesday opposing retired appellate judge Sheila O’Brien’s demand for a special prosecutor.

In another motion, Foxx seeks to quash O’Brien’s subpoenas for her and a top assistant to appear in court Thursday.

FILE – In this March 26, 2019, file photo, actor Jussie Smollett smiles and waves to supporters before leaving Cook County Court after his charges were dropped in Chicago. (AP Photo/Paul Beaty, File)

Foxx is also seeking permission to allow her office and the county’s inspector general access to records in the case that were sealed last month when the charges were dropped.

Foxx, who a week before Smollett was charged, announced to her staff that she as recusing herself from Smollett’s case and turning final decision making over to Magats, argues that she has no “actual” conflict in Smollett’s case. Foxx has said she recused herself because she was in communication with a relative of Smollett during the early weeks of the hate crime investigation, when Smollett was considered a victim.

In the ensuing weeks, police identified two acquaintances of Smollett, brothers Olabinjo and Abimbola Osundairo, as suspects. After a lengthy interrogation, the brothers, one of whom worked as Smollett’s personal trainer, admitted Smollett had paid them to stage the attack. Smollett was charged with 16 felony counts of disorderly conduct, but just weeks after a formal indictment was handed up, prosecutors dismissed all charges in exchange for Smollett forfeiting $10,000 he’d posted as bond.